Mercury use in Kenya’s artisanal and small-scale gold mining (ASGM) sector continues to pose significant risks to human health and the environment, despite the absence of domestic mercury production and the existence of national legal prohibitions. Kenya imports mercury for industrial purposes; however, evidence demonstrates that some of these imports are diverted into informal gold value chains, linking licensed importers, local traders, and gold brokers.

Continued use of mercury in Kenya’s ASGM sector is facilitated by weaknesses at national and global levels. At the national level, weak enforcement capacity, informal and decentralized nature of ASGM operations and the lack of viable alternatives have allowed diversion of mercury to the sector. These challenges are compounded by structural gaps in the Minamata Convention, including the absence of a binding phase-out date for mercury use in ASGM and inadequate controls on global mercury trade.

Addressing these challenges requires coordinated action at national, regional, and global levels. Kenya should champion the inclusion of a phaseout date for mercury use in ASGM and the ending of global mercury trade under the Minamata Convention.

This policy brief highlights the challenges of controlling mercury use in the ASGM sector and draws attention to areas where improvements are needed to control the diversion of mercury into the sector.